DE HB477

Establishes that a rent escrow action is not an action for possession and shall not be used as such, clarifying the purpose of the remedy.

Tenants may bring a rent escrow action or refuse to pay rent and assert dangerous conditions as a defense in eviction or nonpayment cases, provided they give proper notice and allow landlords a reasonable time (presumed to be 30 days) to make repairs.

Dangerous defects covered include lack of heat, electricity, water, adequate sewage, rodent infestation in multiple units, structural defects threatening safety, health or fire hazards, and lead paint.

Courts may order termination of the lease, dismissal of the rent escrow action, rent abatement, appointment of a special administrator to make repairs, or disbursement of escrowed funds to the tenant if no repairs are made within 90 days.

Landlords have a defense if the tenant caused the defects or denied the landlord reasonable entry to make repairs.